Criminal Law – Murder – Conviction – Delay in lodging FIR explained – Prosecution case supported by medical evidence – Evidence of PWs inspiring confidence – Conviction affirmed [Paras 1-16].

Delay in FIR – Explained – Delay in lodging FIR due to efforts to save the life of the deceased – Incident occurred at 7 a.m., FIR lodged after the deceased died at 7:30 p.m. [Para 11].

Witness Credibility – Related Witnesses – Testimonies of related witnesses not to be discarded if corroborated by evidence – Presence of witnesses at the scene established as they also sustained injuries [Para 6].

Dying Declaration – Absence Not Affecting Prosecution – Deceased was unconscious until death – No dying declaration could be recorded [Para 12].

Minor Injuries to Accused – No Impact on Prosecution Case – Prosecution’s failure to explain minor injuries on accused does not discredit its case [Para 13].

Medical Evidence – Cause of Death – Post mortem report established cause of death as head injury with multiple injuries over the body – Supported by evidence from PWs [Para 14].

Decision: Appeals dismissed – Conviction and sentence under Section 302 read with Section 34 IPC affirmed – Prosecution proved its case beyond reasonable doubt [Para 16].

Criminal Procedure – Right to Fair Trial – Section 207 CrPC – Right of accused to obtain copies or inspection of documents forwarded to the court with the investigation report under Section 173(5) CrPC – Denial of access to unmarked and unexhibited documents potentially prejudicial to the accused – Right to fair trial under Article 21 of the Constitution includes access to such documents [Paras 11-20].

Investigative Fairness – Duties of Investigating Agency – Requirement to maintain a case diary and forward all documents relevant to the prosecution – Investigating Officer’s obligation to provide all relevant documents, including those potentially favorable to the accused, to ensure a fair investigation and trial [Paras 11-15].

Examination of Accused – Section 313 CrPC – Importance of accused having access to all documents to provide effective answers during examination – Denial of documents impedes fair opportunity to defend and may lead to prejudice [Paras 19-20].

Decision: Appeals allowed – Accused to be allowed inspection of unmarked and unexhibited documents referred to in the application dated 29.03.2012 – Inspection to be completed within 21 days from receipt of this order by the trial court – The process of inspection will not affect the validity of the trial till date, including completed examination of accused No. 1 under Section 313 CrPC [Paras 20-21].

Income Tax – Charitable Purpose – Section 11(1)(a) Income Tax Act, 1961 – Application of Income – Whether amounts transferred by the Assessee (Market Committee) to Mandi Parishad (Board) constitute application of income for charitable purposes – Held: Transfer of amounts by Mandi Samiti to Mandi Parishad constitutes application of income for charitable purposes under Section 11(1)(a) – Assessee continues to enjoy registration under Section 12AA of the Income Tax Act – No merit in Department’s contention that income was not utilized for charitable purposes [Paras 6-10].

Interpretation of Statutes – Statutory Scheme – Application of Income – Sections 19(2) and 19B of Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 – Analysis of statutory obligations and application of income for purposes of the Adhiniyam – Surplus income to be invested as prescribed – Application of income includes payments to statutory funds under the Adhiniyam [Paras 6-8].

Voluntary Contributions – Assessing Officer’s Finding – Misinterpretation – Assessing Officer erred in invoking Section 12(1) of Income Tax Act – Transfer of amounts by Mandi Samiti to Mandi Parishad not voluntary contributions but statutory obligations – Distinction between income under Section 11(1)(a) and voluntary contributions under Sections 11(1)(d) and 12(1) [Para 9].

Decision: Appeals dismissed – Transfer of amounts by Mandi Samiti to Mandi Parishad constitutes application of income for charitable purposes under Section 11(1)(a) of Income Tax Act – No costs awarded [Paras 9-10].

Negotiable Instruments – Dishonour of Cheque – Multiple Presentations – Sections 138 and 142 NI Act – Cause of Action – Every presentation of a cheque within its validity period followed by dishonour and statutory notice provides a fresh cause of action for prosecution under Section 138 – No restriction on presenting a dishonoured cheque multiple times within its validity period – Previous ruling in Sadanandan Bhadran's case overruled [Paras 12-14, 20-22, 31].

Legal Interpretation – Cause of Action – Section 142 NI Act – Expression ‘cause of action’ not limited to the first presentation and dishonour of a cheque – Holder of a cheque has the right to present it multiple times within its validity period – Right to prosecute accrues with every subsequent dishonour if statutory notice requirements are met [Paras 18-22].

Procedural Fairness – Deferred Prosecution – Option to Defer Legal Action – Holder of a cheque can choose to defer prosecution even after issuing a notice upon first dishonour – No legal forfeiture of the right to prosecute upon subsequent dishonour if initial prosecution was deferred [Paras 23-24].

Decision: Appeals allowed – Overruling of the decision in Sadanandan Bhadran's case – Prosecution based on second or subsequent dishonour permissible if statutory requirements of Section 138 are satisfied – Complaints to be examined by lower courts in light of this interpretation [Paras 32-33].

Terrorist and Disruptive Activities (Prevention) Act – Prior Approval – Section 20A(1) TADA – Requirement of prior approval by District Superintendent of Police before recording information about the commission of an offence – Absence of such approval vitiates prosecution under TADA – Evidence showed no prior approval was granted by Deputy Commissioner – Conviction set aside [Paras 20-24].

Evidence – Confessional Statements – TADA – Confessional statements recorded under TADA cannot be relied upon if prosecution under TADA is vitiated – Convictions under Arms Act and Explosive Substances Act based on such confessions also cannot stand [Paras 20-21, 41].

Procedure – Curable Defect – Section 465 CrPC – Defect of non-compliance with Section 20A(1) of TADA not curable under Section 465 CrPC – Such defect goes to the root of the matter [Paras 33-34].

Effect of Sanction – Section 20A(2) TADA – Sanction by Commissioner of Police under Section 20A(2) does not cure the defect of absence of prior approval under Section 20A(1) – Both requirements are distinct and mandatory [Paras 37].

Decision: Appeals allowed – Convictions and sentences set aside due to non-compliance with Section 20A(1) of TADA – Appeals by the State against acquittal and inadequacy of sentence dismissed – Accused given benefit of this judgment even if they have not preferred appeals [Paras 46].

Criminal Procedure – Quashing of FIRs and Charge-Sheets – Section 482 CrPC – High Court's jurisdiction – High Court's power to quash FIRs and charge-sheets should be exercised sparingly and with caution – Case involves serious allegations of fraud and conspiracy – Quashing at preliminary stage without sufficient material improper – Detailed examination of allegations and evidence necessary [Paras 13-20].

Fraudulent Sale Deeds – Role of Registrar – Section 34 of Registration Act – Registrar's duty to verify credentials of parties involved in registration – Allegations of procedural irregularities and fraudulent registration – High Court erred in concluding Registrar’s involvement without trial – Evidence necessary to establish conspiracy and abetment [Paras 11-19].

Presumption of Regularity – Section 114 Evidence Act – Official acts presumed to be regular – Onus on prosecution to prove fraud and conspiracy – Respondent’s alleged knowledge and involvement in fraud require thorough investigation and trial [Paras 16-18].

Penalties for Fraudulent Registration – Section 81 Registration Act – Imprisonment and fine for knowingly incorrect registration – High Court prematurely quashed proceedings – Proper course is to allow prosecution to present evidence [Paras 17-18].

Decision: Appeals allowed – High Court's orders quashing FIRs and charge-sheets set aside – Prosecution to proceed – Prima facie observations not to bind trial court [Para 20].

Criminal Law – Sanction for Prosecution – Section 197 CrPC – Requirement of prior sanction for prosecution of public servants – Protection of police officers under notification extending Section 197(2) to all members of police force – High Court's dismissal of quashing petition for lack of such notification incorrect – Quashing of proceedings against Dy. S.P. upheld; protection extended to all police personnel involved [Paras 8-10, 38-39].

Encounter Killings – Police Accountability – Allegations of fake encounter – Complainant's claim that his son was killed in cold blood – Postmortem indicating close-range firing – Contradictory versions from police and complainant – High Court's failure to address detailed inquiry report and CID findings – Case highlights procedural lapses and necessity for independent inquiries in encounter cases [Paras 9-19, 22-28].

Judicial Review – Powers under Section 482 CrPC – High Court’s power to quash proceedings – High Court should act sparingly, especially in cases involving serious allegations against police – Ensuring fair trial and preventing abuse of process paramount – Case demonstrates balancing act between protecting public servants and upholding rule of law [Paras 39].

Decision: Appeals allowed – High Court’s orders quashing criminal proceedings against Rajiv Ranjan Singh upheld – Criminal proceedings against other police personnel also quashed – Appeals by Kailashpati Singh dismissed [Para 39].

Service Law – Pay Parity – Article 14 and Article 16 of Constitution – Claim for revised pay scale and promotion on basis of parity with headquarters staff – Tribunal's refusal based on Supreme Court precedent disallowing parity claims without proven discrimination – ICAR's rejection of claim in absence of Ministry of Finance concurrence – Claim dismissed [Paras 1-10, 12].

Service Law – Assured Career Progression Scheme – Implementation – Appellant's promotions and pay revisions under ACP scheme and based on seniority-cum-fitness – Proper application of ACP scheme as per statutory rules and DOPT clarifications – Disparity between headquarters and institutional staff justified due to different service rules and promotional hierarchies [Paras 11-16, 19].

Equal Pay for Equal Work – Principle – Non-applicability – Different pay scales justified for headquarters and institutional staff despite identical job titles – Assessment of duties, responsibilities, and quality of work by expert bodies like Pay Commission deemed appropriate – Court's reluctance to interfere in expert assessments [Paras 17-20, 20A].

Decision: Appeal dismissed – High Court's judgment upheld – No discriminatory action found in respondent’s application of service rules and pay scales – Different service conditions and hierarchical structures between headquarters and institutional levels justify pay differences [Paras 22].

Arbitration – Award of Interest – Section 29 Arbitration Act – Validity of award of pendente lite and post-award interest – Contract clauses barring interest payment on delayed payments – Despite bar, interest awarded from the date of award till the date of decree or payment, whichever is earlier, upheld [Paras 1-18].

Contractual Terms – Prohibition of Interest – Clauses 1.2.14 and 1.2.15 – Clauses in contract explicitly barring interest on delayed payments – Overlapping circumstances in clauses noted – Interest for pendente lite period deemed inappropriate due to explicit bar – Post-award interest justified under Section 29 of Arbitration Act [Paras 11-18].

Legal Interpretation – Implied Terms in Agreement – Arbitration clause and implied terms – Presumption of interest as implied term where agreement silent on interest payment – Reference to decisions in GC Roy’s and N.C. Budhraj’s cases confirming arbitrator's power to award interest in absence of prohibition [Paras 13-16].

Decision: Appeals allowed in part – High Court's order modified – Award of pendente lite interest set aside due to contract's explicit prohibition – Award of post-award interest from date of award till date of decree or payment upheld – Interest rate at 12% per annum maintained as determined by arbitration [Para 19].